• Proceedings of the Korean Institute of Building Construction Conference
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• 2011.11a
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• pp.5-6
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• 2011

Defect dispute has been a continuous claim that concerning a apartment building. However, objective standard of judgment is inadequate to solve defect dispute. Furthermore, it need to scientific evidence that composited standard of judgment. This evidence has a necessary to collect a data for a long time and systematically analyze. Therefore, it need to develop smart information management system, in this study, it review user-oriented condition as swot analysis.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2016.05a
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• pp.263-264
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• 2016

Since 2000s in Korea, apartment building tended to become goods or assets rather than houses. Therefore, conflicts between supplier and consumer were aggravated, and the defect dispute has been increased rapidly. This dispute enlarges to defect lawsuit and it is social and economical matter. The landscape work in apartment building is main work for a resident that appearance and convenient facility which lawn, tree, fountain, chair, playground, and etc. A number of defects surround landscape work are important issue in defect lawsuit, but, a related research is a minority, and a regulation is incomplete. Therefore, this study is basic study for standard of landscape defect type. As case study on defect lawsuit, draw a landscape defect type in apartment building.

• Journal of the Korea Institute of Building Construction
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• v.21 no.2
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• pp.129-139
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• 2021

Recent rise in the supply rate of new public apartment houses leads to an increasement in disputes regarding the construction quality of the apartments between the residents and the construction companies. According to the dispute cases filed for claiming the collective defect repair fees, inter-layer concrete joints turned out to be the most frequently disputed item. For this reason, this study selects the inter-layer concrete joints to further analyze the primary causes and details of each dispute case. From the results of this study, three primary causes of the disputes are found, which are 1) the absence of standard specifications for construction quality control and management after construction; 2) the absence of established standards for repair when construction defects are found; and 3) the fact that the court grants generous compensation for disputes concerning the apartment houses. In order to prevent construction defects in inter-layer concrete joints, this study provides three suggestions including 1) the current standard specifications for inter-layer concrete joints should be further specified by the Ministry of Land, Infrastructure and Transport; 2) a construction defect should be judged according to the compliance to the standard specifications; and 3) a clear and institutional protocol needs to be established for defect repair in cases that new public apartment houses have been judged to have defects.

• Journal of the Korea Institute of Building Construction
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• v.13 no.5
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• pp.498-505
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• 2013

The main processes involved in a defect dispute are consulting, reviewing, and finally judging as an arbiter. This process of defect consulting produces a defect consulting report, but business practices and standards of judgment will differ among consultants, and have many problems. This study reviews the structure of a defect consulting report and considers the structure's problem, which is that it is not standardized. To achieve this, data of sixteen defect consulting report were collected involving defect lawsuit cases before or after 2010. The structure and index of the defect consulting reports were then reviewed, and the results are as follows. As for a structure based on fourteen index, there are suitable that judge a outline, a cost estimate data and a consulting work item by a consulting standard. Furthermore, analysis by each common parts and private parts is considered as appropriate about consulting items and estimate by standard. However, consulting item in construction progress and responsibility period for security that related on a cause and a responsibility of defect need to complement. Meanwhile, the first thing of issues are connected a defect consulting is urgent a standardization for a defect type.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2006.11a
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• pp.223-226
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• 2006

Fields of domestic construction supervision are divided into architecture, electricity, information and communication and fire by the individual laws. Between each supervision are lack of relationship. So it bring about performance degradation, supervision fee increasing and dispute. The purpose of this basic research is to suggest the integration method of each supervision.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2015.05a
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• pp.117-118
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• 2015

These days buildings have more possibilities to occur construction delay as many variables and risks are inherent in them due to the enlargement and complexity. When a project is delayed, it generates extra working expenses and this causes a dispute between the employer and the constructor. Most construction sites conduct emergency construction work to recover the delay of the project duration. When an emergency construction is carried out in the actual construction site, it's necessary to utilize and distribute the proper working groups based on the procedure of successor and predecessor. Many constructions, however, have been going only with more number of work forces and working time. This study suggests a process management optimization plan with an application of emergency construction scenario by using linear programing.

• International conference on construction engineering and project management
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• 2005.10a
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• pp.1171-1176
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• 2005

Dispute related to construction projects involving numerous persons is one of the biggest challenges faced by contractors today. It costs a substantial amount of money and time in resolving these kinds of claims. Recently, with the changes in the construction environment and thought of relation with owner, the number of construction claims has increased. But, a majority of these claims do not prevail, and in fact, frequently get dismissed in its entirety. The reasons for such dismissals include the ignorance about the claims, lack of clear and convincing evidence, and so on. But most of reasons are the claims are not managed well on construction process. This paper analyzes the failure causes by relying on past claim failure cases, and then drew works that have connection with failure causes through interview. It also presented importance degree of construction management works.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.263-302
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• 2003

Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

• Korean Journal of Construction Engineering and Management
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• v.6 no.6 s.28
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• pp.193-204
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• 2005

Conflict is aroused when different people having different interest work together for fulfilling same the objectives. As the construction field is large, complex, volatile and requires tremendous capital, there are always greater challenges and possibility of risks of conflicts. Poor management practices in construction site and trying to protect risks and threats by contracting parties are the cited sources of the construction conflicts. The best management practice is to resolve the problems before these cultivate as conflicts. This paper has identified six dispute avoidance factors-Convince, Coordination, Consideration, Compromise, Consolation and Coercion. Six 'C' factors described in this paper are the mantra (formula) to execute a conflict free construction project. The conflict avoidance factors have been verified through a successfully executed project called TEVT development project (Technical Education and Vocational Training) during 1993-1998 in Nepal. The results show that the six 'C' factors 'C' considered during the implementation of the project, construction conflicts would be controlled or minimized effectively.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.210-212
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• 2015

The growth-share matrix is a portfolio planning tool developed by the Boston Consulting Group (BCG) to assist competitive positioning in the international market including those in the construction industry. This matrix is helpful in balancing the firm's cash-flow, and it can suggest strategic directions for each business unit. However, its effectiveness and applicability have long been debated in the academic field due to the complex and unique industrial context of construction. To solve the dispute, this research clarifies the applicability of theories underlying the growth-share matrix to the construction industry. Empirical research based on actual financial data of Korean construction firms is adopted for the statistical analysis including one-way analysis of variance and correlation analysis. The results of this research show that empirical findings on the relationship between performance variables. In this context, this research can provide important insights on the concept of portfolio management in the construction industry.